Accused sought quashing of a Section 498A IPC FIR arising from a matrimonial dispute. The de facto complainant filed an affidavit confirming amicable settlement, corroborated by the Public Prosecutor. Holding there was no reason to disallow the prayer to facilitate peaceful living, the High Court allowed the petition and quashed the FIR.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
CRL.MC NO. 2532 OF 2024
CRIME NO.3034/2023 OF Thoppumpady Police Station, Ernakulam
PETITIONERS/ACCUSED NOS 1 TO 3:
1JEZWIN RASHEED
AGED 34 YEARS
S/O RASHEED N. K, CC NO.14/1985,
R.K.PILLAI ROAD, KARUVELIPADY,
KOCHI,
PIN – 682005
2RASHEED N K
AGED 68 YEARS
S/O KUNJO N A, HOUSE NO.14/1985,
R.K.PILLAI ROAD, KARUVELIPADY,
KOCHI.,
PIN – 682005
3SHAKEELA RASHEED
AGED 61 YEARS
W/O RASHEED N.K ,
HOUSE NO.14/1985,
R.K.PILLAI ROAD,
KARUVELIPADY,
KOCHI.,
PIN – 682005
BY ADVS.
R.O.MUHAMED SHEMEEM
NASEEHA BEEGUM P.S.
RESPONDENTS/DEFACTO COMPLAINANT:
1STATE OF KERALA
REP. DY STATION HOUSE OFFICER,
THOPPUMPADY POLICE STATION,
THOPPUMPADY, KOCHI - 682 005.
REPRESENTED BY PUBIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM,
PIN – 682011
CRL.MC NO.2532 OF 2024
2
2JASNA ABDUL JABBAR
AGED 33 YEARS
D/O, ABDUL JABBAR,
RESIDING AT FLAT NO. 13-F, VEEGALAND,
KINGS FORT FLAT, MATHCOR,
ERCOR, NADAMA,
NEAR RAILWAY BRIDGE, EMAKULAM CITY.,
PIN – 682306
BY ADV
M.H.ASIF ALI
RENJIT GEORGE – SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 12.06.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO.2532 OF 2024
3
O R D E R
Dated this the 12th day of June, 2024
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure-A1 FIR in Crime No.3034/2023, dated 23.12.2023 of Thoppumpady Police Station pending on the files of the learned Judicial First Class Magistrate Court – II, Kochi.
learned counsel appearing for the de facto complainant and the learned Public Prosecutor.
settled and the de facto complainant filed affidavit in this regard in a case involving matrimonial dispute.
4
CRL.MC NO.2532 OF 2024
that the matter has been settled between the parties and statement of the de facto complainant to that effect has been recorded.
In the result, this petition stands allowed and Annexure-A1 FIR in Crime No.3034/2023, dated 23.12.2023 of Thoppumpady Police Station pending on the files of the learned Judicial First Class Magistrate Court – II, Kochi stand quashed.
Sd/A. BADHARUDEEN JUDGE
MSA
CRL.MC NO.2532 OF 2024
5
APPENDIX OF CRL.MC 2532/2024
PETITIONER ANNEXURES
Annexure A1CERTIFIED COPY OF THE FIR IN CRIME NO.
3034 OF 2023, DATED 23.12.2023 OF
THOPPUMPADY POLICE STATION
Annexure A2A TRUE COPY OF THE JUDGEMENT DATED
14.02.2024 IN OP NO. 2475 OF 2023 ON
THE FILE OF LEARNED FAMILY COURT AT
ERNAKULAM
Annexure A3A TRUE COPY OF THE MEDIATION AGREEMENT
DATED 14.02.2024 BETWEEN THE 1§T
PETITIONER AND 2ND RESPONDENT IN OP NO.
2475 OF 2023 ON THE FILE OF THE LEARNED
FAMILY COURT AT ERNAKULAM.
Annexure A4ORIGLNAL OF AFFIDAVIT EXECUTED BY THE
2ND RESPONDENT ON 14.02.2024
1 issue framed by the court
Whether the FIR under Section 498A IPC should be quashed on the basis of an amicable settlement between the parties in a matrimonial dispute.
2 provisions across 2 enactments
JEZWIN RASHEED
RASHEED N K
SHAKEELA RASHEED
STATE OF KERALA
JASNA ABDUL JABBAR
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court